Italian citizenship by descent: important decision of the Italian Supreme Court

The recognition of Italian citizenship iure sanguinis has long been one of the most sensitive issues in the field of immigration and citizenship law. Every year, thousands of descendants of Italian emigrants across the world — particularly in South America and North America in countries like Argentina, Chile, United States and Canada — apply for recognition of their status civitatis at Italian Consulates abroad. However, applicants frequently face extremely long waiting times, often spanning several years, and the practical impossibility of securing an appointment within a reasonable timeframe at the competent consular offices.

It is precisely within this context that the recent decision of the Court of Cassation assumes particular significance. The Supreme Court has reaffirmed and consolidated a jurisprudential approach of fundamental importance for all those who intend to assert their right to Italian citizenship through judicial proceedings. The Court confirmed that, where an applicant finds it objectively impossible to access the consular administrative procedure — whether due to the complete unavailability of appointments or to delays so severe as to render the administrative route substantially ineffective — the jurisdiction of the Italian ordinary courts is properly established. In other words, an individual who is unable to obtain a consular appointment, or who faces unreasonably long waiting periods, may legitimately bring proceedings before the competent Court in Italy to obtain a declaratory judgment recognising their status as an Italian citizen.

The Court emphasised that the right to citizenship, where the legal requirements are met, constitutes a fully-fledged subjective right and not a mere expectation. Consequently, the inaction or inefficiency of the consular administrative apparatus cannot result in prejudice to the applicant, nor can it represent an insurmountable barrier to the exercise of a fundamental right recognised by the legal system. The decision follows the well-established case law of the Joint Sections (Sezioni Unite), which had previously affirmed the possibility of resorting to the ordinary courts in the presence of an express or tacit refusal by the consular authority.

From a practical standpoint, this ruling carries significant implications. Those who intend to initiate judicial proceedings in Italy will need to demonstrate that they attempted, without success, to access the consular administrative route, providing evidence of the impossibility or the excessive length of the waiting period. Once this circumstance is established, the Court may rule on the merits by verifying the chain of transmission of citizenship from the Italian ancestor who emigrated down to the applicant. The judgment, once final, will be transcribed in the civil status registers of the competent Italian Municipality, enabling the newly recognised citizen to apply for a passport and identity card.

In conclusion, the Court of Cassation once again provides concrete protection to those who, despite being fully entitled, find themselves effectively barred from the administrative path to recognition of Italian citizenship due to the chronic inefficiencies of the consular system. Judicial proceedings are thus confirmed as an essential and entirely legitimate tool to guarantee the effectiveness of a right that, by its very nature, cannot remain hostage to bureaucratic dysfunction.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.